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(영문) 서울남부지방법원 2019.01.10 2018가단242349
건물명도등 청구의 소
Text

1. From 13,84,950 won to 13,84,950 won to 23 November 2018, the Defendant 3, 4, 5, 6, and 7 floors among the buildings listed in the separate sheet from November 23, 2018.

Reasons

1. Facts of recognition;

A. A. Around 2001, the Plaintiff leased the instant building, which is accommodation, to the Defendant as KRW 20 million, KRW 6.45 million per month, KRW 6.45 million per month, and period of lease from June 30, 2001.

At the time, the above parties filed a lawsuit including the fact that the defendant would not claim all of the expenses to the plaintiff, such as facility investment cost, beneficial cost for remodeling and expansion without prior written consent (this court 2001.130).

B. After that, according to the lease agreement of June 29, 2017, which is the last contract, the lease deposit was renewed, and according to the lease agreement of June 29, 2017, which is the last contract, the lease deposit is KRW 120 million,00,000,000 which was already paid (in addition, KRW 60,000,000 shall be paid on June 30, 2018; KRW 60,000,000 shall be paid on December 30, 2018); the rent is KRW 15,00,000 (payment on June 30, 201); the lease term shall be until June 30, 2019; the defendant shall restore the building to its original state at the time of the termination of the contract and shall use the terms of the above lease agreement as it is in the existing protocol of settlement.

(hereinafter “instant lease agreement”). C.

However, from January 2018 to August 2018, the Defendant began to pay the agreed rent partially or wholly, and the sum of the overdue rent and management expenses (hereinafter “annual rent, etc.”) as of August 2018 reached KRW 121,015,050.

In addition, the defendant did not pay the lease deposit amount of KRW 120 million, which is to be paid additionally.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. Determination

A. According to the facts of recognition under Paragraph (1) as to the cause of the claim, the Defendant did not pay more than two rents, and the Plaintiff may terminate the instant lease contract in accordance with Article 640 of the Civil Act.

Therefore, the Plaintiff’s declaration of termination of the contract.

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